Technology + Law

On the left is Sony Ericson’s trademarked logo (Reg. no. 3,690,6010) and on the right is Clearwire’s trademark (Ser. no. 77622804). Is the one on the right confusingly similar to the one on the left? This is what Sony charges in a recently filed complaint filed in federal court. The crux of the lawsuit is the swirl motif, the colors used, and the fact that both parties sell to similar consumers. Interestingly, Sony had previously filed an opposition against the Clearwire application but withdrew after commencing settlement talks.. Rather than continuing with the opposition, Sony decided to sue Clearwire for trademark infringement, after Clearwire’s mark was being used in commerce.

In 1911, IBM was granted its first patent and it took 50 years for it receive its 5,000th. But things have certainly picked up. According to an analysis by ifi Claims Services, IBM was granted more than 5,000 in 2010, ranking the company as No. 1 in patents. This was the first time that any company has received more than 5,000 patents in a year. The following is a list of the top 30 companies on the list:

Recently, Starbucksannounced that it would be changing its famous logo. As shown to the left, the new logo emphasizes the image of the lovely woman which Starbucks has identified as a “twin-tailed siren”. After considerable outcry from observers and supposed experts in marketing, an article in Fast Company finally has shed some light on the decision. It seems that market research shows that the new logo is particularly attractive in Asian countries… and this move coincides with Starbuck’s agressive push in China and Japan. Note the inclusion of the “TM” on the new logo, indicating that the trademark has not yet been registered with the US Patent & Trademark Office.

Former patent examiner with 15 years experience.

Mr. Morgan received a J.D. degree from Saint John's University School of Law in 1998 and an M.S. in Computer Science from Farleigh Dickinson University in 1993. Before becoming a patent attorney, Mr. Morgan worked for several years as a patent examiner at the United States Patent & Trademark Office, where he examined patent applications in Class 705 (business methods). Mr. Morgan also has over a decade experience as a software engineer for a Fortune 100 company.